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United States v. Zitt

United States District Court, N.D. Indiana, Hammond Division

December 1, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
LAWRENCE ZITT, Defendant.

          HONORABLE RUDY LOZANO UNITED STATES DISTRICT COURT

          FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE UPON A SUPERVISED RELEASE REVOCATION HEARING

          ANDREW P. RODOVICH UNITED STATES MAGISTRATE JUDGE

         This matter came on for hearing before the Honorable Andrew P. Rodovich, United States Magistrate Judge, on November 29, 2017. The United States Government appeared by counsel Assistant United States Attorney Jennifer Chang. Defendant Lawrence Zitt appeared in person and by counsel Matthew Soliday and in the custody of the United States Marshal.

         A Supervised Release Revocation Hearing was held. Based upon the record of proceedings the court makes this Report and Recommendation.

         The defendant, Lawrence Zitt, pled guilty to Count 1 of the Superseding Indictment, conspiracy to possess with intent to distribute one or more kilograms of heroin, and was sentenced to a 72 month term of imprisonment followed by a supervised release term of 60 months. On March 3, 2015, the defendant admitted guilt to violating the conditions of his term of supervision and was sentenced to an 8 month term of imprisonment followed by a return of supervised release to the original term date. On November 23, 2015, the defendant admitted guilt to violating the conditions of his term of supervision and was sentenced to an 8 month term of imprisonment followed by a 2 year term of supervised release with a special condition that he reside at the Residential Re-Entry PACT Bradley Center for 6 months.

         On April 4, 2017, a Petition for Warrant was filed alleging that the defendant had violated the terms and conditions of his supervised release.

         On June 19, 2017, the defendant was arrested.

         On June 19, 2017, the Initial Appearance was held.

         On June 22, 2017, the parties stipulated to probable cause and waived a full detention hearing.

         On August 30, 2017, the U.S. Probation Office filed a Summary Report of Violations [DE 745].

         On October 16, 2017, the parties filed the Agreed Disposition of Supervised Release Violations [DE 746].

         On October 16, 2017, the defendant by counsel filed a Motion to Transfer Case to Magistrate Judge, which was granted.

         On November 8, 2017, District Court Judge Rudy Lozano issued an Order Referring Case for a Report and Recommendation for the undersigned Magistrate Judge to conduct the Supervised Release Revocation Hearing to recommend modification, revocation, or termination of the supervised release in this case, and to submit proposed findings and recommendations ...


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